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  • Jovana Dučića 23a 78000 Banja Luka

AGREEMENT

AGREEMENT ON SHORT-TERM CAR RENTAL No. ………..

 

  1. “EURO-EXPRESS Cars” d.o.o., Banja Luka, Jovana Dučića 23a, ID number: 4404259930004, represented by General Manager Boris Kosojević (hereinafter: Lessor) of the one part and

2.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  , JMBG: . . . . . . . . . . . . . , (hereinafter: Lessee) of the other part have agreed on …………………… in Banja Luka, the following:

Article 1.

The Lessor gives, and the Lessee receives the vehicle ……………………, chassis number ………………………………………….. (hereinafter: the vehicle), in the period from …………………… to ……………………….. under conditions determined by this Agreement.

The Lessee is obliged to pay the Lessor a fee in amount of ………. KM with VAT included per day for use of the vehicle from Article 1.

Article 2.

By signing of this Agreement, the Lessee confirms that the vehicle is in order and without damage, with full fuel tank, unless otherwise expressly stated in the Agreement in writing.

The Lessee confirms that they received the documentation for the vehicle, car keys, all necessary equipment and tools, as well as additional equipment determined by the Agreement.

Article 3.

The Lessee is obliged to return the vehicle to the place of pick-up within the period determined by this Agreement.

The Lessee is obliged to return the vehicle before determined period upon the Lessor’s request.

The Lessee is obliged to return the vehicle in proper state and undamaged, with complete documentation, keys, tires, tools, mandatory, standard and additional equipment as it was.

All financial obligations according to this Agreement, if not paid in advance, are to be paid by the Lessee upon return of the vehicle or in a 2 day’s period after the invoice is issued.

The Lessee accepts to cover all expenses for repairs, damages or losses discovered after the vehicle is returned, about which the Lessee did not inform the Lessor according to the procedure on vehicle return.

Article 4.

The Lessee is obliged to ask the Lessor for extension of rental period and other changes to the rental agreement in a timely manner.

In case that the Lessee exceeds agreed period of return without permission form the Lessor, the Lessor has a right to deem the vehicle stolen and report the event to the police. In that case, the Lessee is to cover all damages caused by the event.

In case of exceeding the time-limit for vehicle return, Lessee continues to incur all liabilities and obligations arising from this Agreement, which are agreed upon during the rental period. In case of exceeding the deadline for returning the vehicle, the Lessee continues to incur any liability and liability arising from this Agreement, otherwise agreed upon during the lease term.

All Lessor’s employees have the right to control any vehicle at any time. If it is established that the Lessee has violated any of the terms of this Agreement, Lessor’s employees are authorized to seize the vehicle.

The Lessor reserves the right to terminate the Agreement unconditionally, at all times and anywhere before the expiration of the rental Agreement, without any obligation to compensate the Lessee.

Article 5.

The Lessee guarantees and agrees:

  • that they took over the vehicle and it will be used in accordance with the Law on Basics of Traffic Security on the Roads in BiH and other regulations in force;
  • that they will stop the vehicle immediately if there is failure to the odometer and notify the Lessor immediately;
  • that the vehicle will be used only for their own needs;
  • that the vehicle will only be driven by the Lessee or by the person indicated in the Agreement as an authorized person of the Lessee, provided that these persons have the necessary permissions and documents for the operation of the vehicle;
  • that they will not use the vehicle for unlawful purposes such as criminal activities, customs, foreign-exchange or other violations or other unlawful activities;
  • that they will not overload the vehicle with freight or passengers;
  • that they will not drive under influence of alcohol or narcotics;
  • that they will take care of proper technical functionality of the vehicle and mandatory periodical maintenance;
  • that they will regularly control and re-fill antifreeze, oil and check tire pressure;
  • that they will lock the vehicle when not in use, take the keys and documentation from the vehicle and activate other security systems if there are any;

The vehicle must not be used for:

  • towing or transfer of other vehicles and trailers;
  • transport of materials, items or things that can damage or pollute the vehicle, i.e. animals, flammable materials, extremely dirty or foul-smelling items;
  • racing, motorsports or similar competitions;
  • driving trainings.

Article 6.

Costs of fuel spent during the rental period are to be covered by the Lessee.

Cost related to:

  • vehicle transportation;
  • garage, parking, tolls and bridge tolls etc.;
  • all traffic fines due to violation of traffic and other regulations;
  • all court, offence or other proceedings;
  • interest rates on all above mentioned fees and fines;

caused and incurred during the rental period, regardless of time when they are established or due, are to be covered by the Lessee regardless of whether they charge the Lessor as the owner of the vehicle, Lessee or the driver, unless the costs are caused by the sole culpability of the Lessor.

Article 7.

The lessor compensates the Lessee the necessary costs for oil, lubricants, mandatory periodic servicing and other light repairs that were incurred during the rental period.

The costs referred to in Paragraph 1 of this Article will be reimbursed only if the Lessee has paid them in cash to the legal entity authorized to provide such services.

In the case referred to in Paragraphs 1 and 2 of this Article, the Lessee is obliged to submit to the Lessor a valid invoice issued by the legal entity that has performed the service, and the invoice must be issued to Euro-Express Cars, which is a prerequisite for payment of the fee.

If it is determined that the Lessee has made an unnecessary replacement or service of a vehicle, part or device on the vehicle, the Lessor reserves the right to refuse the Lessee compensation for such costs.

Vehicle washing costs are not reimbursed.

Article 8.

In case of loss or damage to the vehicle, equipment or accessories, regardless of how they were incurred, the Lessee will pay to the Lessor their full cash equivalent at market prices for such new parts, valid on the day of the contracted return of the vehicle.

Notwithstanding the provision of Paragraph 1 of this Article, the cost of the missing documentation or vehicle keys, will be reimbursed by the Lessee according to the valid price list.

If, in case of Lessee’s or driver’s negligence, a damage is caused to the engine or vehicle’s driving mechanism (i.e. due to lack of oil or antifreeze) or to the trunk case, coupling, chassis of the vehicle or other defects caused by negligence of Lessee or the driver (negligent driving or driving out of the road), the Lessee will reimburse the Lessor for the entire amount of vehicle repair costs and an additional amount of lost daily car rental according to the valid price list for the duration of the vehicle repair, but not more than 30 days, and any resulting damage such as, for example, costs of towing of a vehicle or reduced vehicle value.

If additional cleaning of the vehicle is necessary for any reason, the Lessor will charge it separately in order to cover the cleaning cost.

The Lessor keeps its right to charge for re-fueling services according to the decision of the Management.

Article 9.

In case of a traffic accident, damage, accident, evasion, theft, driving malfunction of the vehicle and other similar circumstances, the Lessee is obliged to:

– guard the vehicle until it is taken over by the Lessor;

– record the names and addresses of the participants and witnesses;

– contact the responsible police body and obtain their report, except in the event of a driving malfunction;

– without delay, give a statement of the event to the nearest Lessor’s office;


In case that the lessor does not provide the police record referred to in Paragraph 1, Item 3 of this Article, or does not make the statement referred to in paragraph 1, item 4 of this Article, the entire cost of compensation for damages or disappearance of the vehicle will be borne by the Lessee in full amount, regardless of the guilt of the Lessee for such an event;

The lessee acknowledges that in the event of a negligent attitude towards the vehicle, documents or keys of the vehicle, as well as other cases prescribed by the insurance rules or by law, they may be charged by the insurance company.

Article 10.

In case of damage to the vehicle, the Lessee will, upon Lessor’s request, pay the full amount of repair of the damaged vehicle and other losses incurred to the Lessor due to damage of the vehicle, including the lost profit in the amount of daily rent due to the non-use of the vehicle during the duration of the repair according to the valid price list, but up to 30 days.

In case of theft of a vehicle or other circumstances due to which the Lessee is not able to return the vehicle to the Lessor upon the end of rental period, the Lessee will, upon Lessor’s request, pay the full purchase price of the new vehicle, according to the offer of the Lessor’s supplier, as well as other losses incurred to Lessor due to the missing vehicle,  including lost profit in the amount of daily rent due to non-use of the vehicle according to the valid price list, but up to 30 days maximum.


In case of damage to third parties, the Lessee will bear all the costs that the Lessor could have on that basis
.

The insurance does not cover malicious damages caused by driving under the influence of alcohol or drugs, driving without driver’s license or, in the event that the license is confiscated, in case of a greater number of persons than the number of registered seats, damage caused by war operations or rebellions, as well as in other circumstances regulated by the rules of the insurance company or legal regulations.

The insurance does not cover the risks of ruining or damage to the car tires, wheels or wheel covers – or destruction or damage to the chassis of the vehicle.

Article 11.

The Lessor is not liable for the damage that the Lessee could suffer due to the delay in delivery of the vehicle, nor for the damage that the Lessee could incur due to any failure on the vehicle during the lease term.

The Lessor is not liable for the damage that would be suffered by persons or things carried in the vehicle.

Article 12.

The Lessee will not transfer the rights or obligations under this Agreement to third parties nor will they alienate the vehicle, parts or equipment of the vehicle or make any modifications to the vehicle.

Article 13.

This Agreement is made up of 2 (two) identical copies, and each party keeps one (1) copy.

By signing of this Agreement, the Lessee accepts this Agreement and all its terms and General Conditions on the Rent of Vehicles that are presented to them during vehicle pick-up.

Amendments to this Agreement may only be made in writing, and oral agreements will be void.

An integral part of this Agreement is a valid pricelist of Lessor’s services.

Article 14.

In the event of a dispute under this Agreement, the parties shall contract the territorial jurisdiction of the competent Commercial District Court in Banja Luka.

 

            LESSOR                                                         LESSEE                    

            For “Euro-Express Cars” d.o.o.                                    

           _________________________                                   ______________________

            Boris Kosojević                                                                                                              

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